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Buying
Process
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After
the sale and purchase conditions are agreed upon
you and/or your Agent are advised to ask for a
copy of the TAPU (Title Deeds) and double check
whether:
1-The TAPU really belongs to the property
2-It is a residential property in a zone covered
by an Implementary Development Plan or a Local
Development Plan
3-The property really belongs to the person who
introduced himself to you as the
"owner"
4-No annotation prohibiting the sale/purchase of
the property appears on the TAPU
5-The property complies with all regulations
6-All licenses and official permits for the
property had been properly obtained
7-The current owner does not owe taxes anything
to the Tax Office
8-The current owner owes no over-due debts to
the utility companies
Contracts are not compulsory according to
current regulations and mutual declaration of
both the buyer and seller to the TAPU (Title
Deeds) Registry Office is enough to carry out
the transfer of ownership, a contract will allow
you to protect yourself. If you are using a real
estate agent and/or solicitor ensure the
contract refers to them and that they also sign
the contract. Your contract should include the
following:
1-A detailed description of the property
(address, TAPU details, technical conditions
etc)
2-The actual price to be paid to the seller for
the property
3-The seller's bank account details for payment
4-The agent and/or solicitors bank account
details for payment
5-The payment terms and conditions to the seller
including deposit, interim and final payments
6-A Statement requiring the seller and the buyer
to pay their own tax liabilities
7-The fees and commissions to be paid to the
solicitor or agent
8-Under what conditions and how the money paid
by the buyer will be refunded by the seller
9-Whether parties can give up the sale/purchase,
if so, under what conditions this can happen
10-The rights and responsibilities of the
persons whose signatures appear on the contract
11-ID numbers of Turkish nationals (TC Kimlik
No) who are to sign the contract, the Barr
registry number of the solicitor being used and
the trade registry number of the real estate
company
Before signing the contract have it translated
into English. Relying on only an
oral-translation may lead to unwanted situations
in the future. Sign the contract in the presence
of a notary public and then have them notarized.
This will ensure that:
1-The people signed the contract and their
signatures are genuine
2-The contract is in line with Turkish laws and
officially acceptable anywhere in Turkey
3-The terms within the contract are binding for
all parties
The next step for both buyer and owner or their
legally authorized agents is to apply to the
TAPU Office for transferring of ownership.
During the application the buyer or their agent
are to provide the local TAPU Office with the
following documents:
Buyer
1-Title Deed or a document indicating the
property's exact location (plot or parcel number
etc.)
2-2 recent passport photos of the buyer
3-Passport and/or ID Card of the buyer
Agent
1-An acceptable Power of Attorney
2-2 recent passport photos of the agent
3-Passport and/or ID Card of the agent
Upon your application the local TAPU office will
do a search on behalf of whether the property is
in a forbidden zone or not. After military
clearance has been finished you are given an
official ownership document called the Title
Deeds (TAPU). Without having a TAPU you are
never considered to legally own the property
even if you signed a legally acceptable purchase
contract with seller.
This is to provide basic information about the
purchasing process in Turkey.
The information in this post is of a general
nature and does not constitute legal advice,
Text provided by Turkishhomes4sale.
Visit
our property section here
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